The following PI & Clinical Negligence guidance note provides comprehensive and up to date legal information covering:
A defective product claim based on a breach of contract can be more straightforward than a claim brought in negligence. This is because the claimant will just need to prove that the product is not of a satisfactory quality or fit for its purpose. It is unnecessary for the claimant to prove fault on behalf of the seller or anyone else. However, generally speaking, a claimant will need to be a party to the contract to sue for a breach of an express or implied term of the contract.
The Consumer Rights Act 2015 (CRA 2015) came into force on 1 October 2015. CRA 2015 sets out consumer rights and remedies for the sale of goods and supply of digital goods and services on or after 1 October 2015.
For personal injury practitioners, the important provisions relate to contracts for the sale of goods and those for the provision of services. For contracts entered into before 1 October 2015, there were separate Acts covering contracts for the sale of goods and those for the supply of services (with provision relating to the transfer of goods bound up with the supply of services). There were three different Acts covering the different types of contract:
the Sale of Goods Act 1979 (SGA 1979), which covered contracts for the sale of goods
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.